The improper cleaning of the scopes might have exposed 293 colonoscopy patients to diseases including hepatitis B, hepatitis C and HIV, the virus that causes AIDS.
This story follows: Baystate Noble Hospital facing lawsuits from 25 patients potentially exposed to disease in colonoscopy case.
WESTFIELD -- A lawyer for a group of 25 people who are suingA Baystate Noble HospitalA in the wake of news that equipment used in giving patients colonoscopies was not properly sterilized in 2012 and 2013, said today that the hospital is aware of at least one patient who has subsequently tested positive for an infectious disease.
Robert DiTusa, a partner in the Springfield law firm of Alekman DiTusa said in an interview Wednesday, that he could not go into detail about the infected individual or even say what disease the person has tested positive for. He said he needs to protect attorney-client privilege.
DiTusa said he and his firm represent more than 25 people who received colonoscopies at the then-independent Noble Hospital during a time when the scope was not properly flushed and sanitized.
Last month, Alekman DiTusa notified Baystate Health that they could face lawsuits in the matter.
Plaintiffs in Massachusetts have three years to sue in personal injury claims.
But under Massachusetts law, they must give notice to the defendant, in this case Baystate, in order to start that legal process. Under state law, plaintiffs cannot file the lawsuit until six months after giving that notice, DiTusa said.
The Massachusetts Department of Public Health considers this an open investigation, said spokesman Scott Zoback.
The case remains open until all of the serious reportable event reports are submitted, and a good-faith effort to contact and offer testing to all of the affected patients has been made, Zoback wrote in an email. The state's deadline is April 22..
DiTusa said his firm sent a letter to Baystate last monthA notifying it of the potential lawsuit or lawsuits.
During that time both sides can work out a settlement without filing a lawsuit if they so choose.
On Wednesday, Baystate spokesman Ben craft issued the following statement:
"We're not able to comment on pending litigation.
"Here is the current situation: We have completed testing for 243 of the 293 patients who were affected. We are still making every reasonable effort to reach and offer testing to the remaining 50 patients who have not been tested yet. To do this, we have mailed two certified letters to their homes and followed up a third time with phone calls. It remains our hope that all 293 patients will get tested, but the decision to do so is solely theirs to make. To date there is no evidence of any transmission of illness from the endoscopes. The safety and privacy of our patients remains our top priority as we move forward in this process."
DiTusa said the statement is not in conflict with his contention that Baystate is aware of at least one colonoscopy patient who has tested positive. He pointed out the phrase: "To date there is no evidence of any transmission of illness from the endoscopes".
He said it could be up to a jury someday to determine if any infections can be traced back to the colonoscope or whether the patient or patients in question were infected elsewhere or by other means.
There is also the possibility that affected patients were tested by someone other than Baystate, DiTusa said.
Also, DiTusa said, patients who had the scopes used on them and are not infected can still sue for the negligent infliction of emotional stress.
The improperA cleaning of the scopes might have exposed 293 colonoscopy patients to diseases including hepatitis B, hepatitis C and HIV, the virus that causes AIDS, Baystate has said.
Technicians at Noble Hospital failed to properly clean one channel -- the one used to carry sanitary saline solution into the patients' body --A on the four-channel colonoscopes in 2012 and 2013. Workers there did not use an adapter on cleaning equipment that would have gotten the cleaning solution into all four tubes.
At the time, Noble was an independent hospital. It became part of Springfield-based BaystateA Health in 2015.
DiTusa provided a redacted copy of Baystate's internal report on the incident. The report, submitted to the state Department of Public health and provided to one of his clients, said Noble learned of of the need for the adapter in 2013 when a new employee cameA to them from another hospital where it was used.
The report blames the failure to use the adapter on a lack of proper communication between manufacturer and Noble.
Procedures were changed.
In public statements after making the incident public, Baystate doctors said the incident was not brought to the attention of executives high enough up the chain of command.
Ditusa cited an incident report prepared by Baystate for the state Department of Public Health and mailed to one of his clients in March. That report, reproduced below, blames the problem on a lack of communication between the manufacturer of the scope and Noble.
In the Baystate report DiTusa made public, it says that the operating room manger conferred with "leadership" and the manufacturer and determined that the risk of infection was low. In 2013 decision was made not to notify patients at that time.
The Baystate report doesn't say who made that decision.
A routine state Department of Public Health review in November, brought the incident to the fore leading to Baystate to notify patients and the public in February.
Subsequently to making the incident public in February, Baystate and Baystate Noble have expressed regret at not notifying patients sooner.
Baystate doctors have said the situation was not taken far enough up the chain of command and top executives were not informed. That process would have resulted in affected patients being notified sooner.
Instead, the matter came to light in November through a review conducted by the state Department of Public Health. Baystate Noble informed the 293 patients and the media in February.
Ditusa cited an incident report prepared by Baystate for the state Department of Public Health and mailed to one of his clients in March. That report, reproduced below, blames the problem on a lack of communication between the manufacturer of the scope and Noble.
Noble didn't inform the patients, the report said, because Noble officials at the time believed the risk of infection was low.
Subsequent to making the incident public, Baystate expressed regret that patients were not notified sooner while continuing to say that the risk of infection was low. The channel that was not cleaned was used to pump sterile saline into patients to clean the area so doctors can see better.
It wasn't, for example, used to remove tissue from the patient for biopsy.
DiTusa emphasized the time lag between 2013 and 2016 in his comments Wednesday. He said all that time patients might have gotten sick, suffered permanentA or passed disease on to others.
Baystate Noble Incident Report